Did you know that once your child turns 18, your parental rights drastically change? You will no longer have access to their medical information, finances, or school records without their consent. As parents we strive to raise well-rounded, healthy, and happy individuals who are prepared to contribute positively to society. While the law considers 18 the age of adulthood, we all know additional guidance and support is needed. College students face significant transitions and adjustments as they adapt to a new academic environment, independence and social life. This transition comes with a host of new rights and responsibilities and seeking legal advice to get the appropriate durable Power of attorney, healthcare power of attorney, HIPPA waiver and Last Will and Testament should not be overlooked. 

The Family Educational Rights and Privacy Act (better known as FERPA) imposes certain restrictions on parents' access to their children's educational records once the student turns 18 or attends a postsecondary institution. These restrictions mean parents no longer have automatic access to the student's educational records. Parents cannot access grades, transcripts, class schedules, disciplinary records, or other educational information without the student's written consent.  

This can present real problems.  This restriction can lead to parents being unaware of academic performance, disciplinary actions, or other issues unless the student voluntarily shares this information.  

Without being privy to the necessary information, parents may find it challenging to support their child effectively, especially if the student is struggling academically or is facing other issues.  It is common for students to need support from mental health services to help students cope with stress, anxiety, and personal issues.  

With adulthood comes legal responsibility. Without a general durable power of attorney or with a FERPA release, your student is on his or her own without your assistance for very important situations. Here are some examples: 

HOUSING/EVICTION: College students enter into rental agreements when they move off campus, even though the parent may be the one footing the bill. It's important to understand the conditions for the return of security deposits, how and what to report to the landlord regarding maintenance, repairs and security, and that the lease agreement likely includes 12 months, not just the 9 ½ month school year.  

SCAMS: College students are susceptible to scams regarding loan forgiveness or financial aid; and can be the target for phishing emails claiming to be from banks or the university seeking personal information.  

CREDIT CARDS AND BANKING: Parents may need to monitor the account for unauthorized transactions or review credit card statements.  While many parents opt for joint accounts, the best practice is to utilize a general durable power of attorney. 

The following is a list of important legal documents you may want drafted before your adult child leaves for college.

HIPPA 

A college student needs a stand-alone HIPAA waiver to authorize the release of their protected health information to parents. Without a HIPPA release, parents do not have any access to medical records and are not involved in treatment options. Even though the student may be on the parents healthcare insurance and the parent is paying for everything, the parent is unable to address and correct any billing errors without the HIPPA waiver. 

HCPOA

Additionally, a Health Care Power of Attorney is a very important document which allows a  designated person, the patient advocate, to make healthcare decisions for the student if they are incapacitated or unable to communicate their wishes. No one wants to think that their child with have an emergent health care need, but mental health emergencies, accidental injury, and substance related emergencies are measurably higher in young adults than in the older adult population. Just imagine rushing to the hospital to be by your adult child just to be told you do not have authorization to make medical decisions. 

LAST WILL AND TESTAMENT

Finally, the worst-case scenario is unthinkable, but if the unthinkable happens, a Last Will and Testament should be in place to allow the appointment of a personal representative. This representative can initiate a wrongful death action or appropriate assets to other family members or charitable organizations other than to the default under the law, the parents. 

Overall, seeking legal advice helps young adults make informed decisions, understand their new responsibilities, and protect their rights as they transition into adulthood. Getting basic estate planning documents in place will help you all sleep better at night. Call our office today to schedule your appointment 248-873-3244.